Professional Documents
Culture Documents
The real and important question to him is, “Did you perform the
acts alleged in the manner alleged?” not, “Did you commit a crime
named murder?” If he performed the acts alleged, in the manner
stated, the law determines what the name of the crime is and
fixes the penalty therefor. x x x If the accused performed the acts
alleged in the manner alleged, then he ought to be punished and
punished adequately, whatever may be the name of the crime
VOL. 502, SEPTEMBER 15, 2006 35
which those acts constitute.
Batulanon vs. People
*
Same; Same; Elements of Falsification of Private Documents.
G.R. No. 139857. September 15, 2006. —The elements of falsification of private document under Article
172, paragraph 2 of the Revised Penal Code are: (1) that the
LEONILA BATULANON, petitioner, vs. PEOPLE OF THE offender committed any of the acts of falsification, except those in
PHILIPPINES, respondent. paragraph 7, Article 171; (2) that the falsification was committed
in any private document; and (3) that the falsification caused
damage to a third party or at least the falsification was
Criminal Law; Falsification; Estafa; Pleadings and Practice; committed with intent to cause such damage.
Although the offense charged in the information is estafa through
falsification of commercial document, the accused could be
Same; Same; Handwriting; The handwriting of a person may
convicted of falsification of private document under the well-settled
be proved by any witness who believes it to be the handwriting of
rule that it is the allegations in the information that determines
such person because he has seen the person write, or has seen
the nature of the offense and not the technical name given in the
writing purporting to be his upon which the witness has acted or
preamble of the information.—Although the offense charged in the
been charged, and has thus acquired knowledge of the
information is
handwriting of such person.—Medallo categorically declared that
she saw Batulanon forge the signatures of Oracion and Arroyo in
_______________ the vouchers and made it appear that the amounts stated therein
were actually received by these persons. As to the signature of
* FIRST DIVISION. Arroyo, Medallo’s credible testimony and her familiarity with the
handwriting of Batulanon
36 37
estafa through falsification of commercial document, appellant proved that it was indeed the latter who signed the name of
could be convicted of falsification of private document under the Arroyo. Contrary to Batulanon’s contention, the prosecution is not
well-settled rule that it is the allegations in the information that duty-bound to present the persons whose signatures were forged
determines the nature of the offense and not the technical name as Medallo’s eyewitness account of the incident was sufficient.
given in the preamble of the information. In Andaya v. People, 493 Moreover, under Section 22, Rule 132 of the Rules of Court, the
SCRA 539 (2006), we held: From a legal point of view, and in a handwriting of a person may be proved by any witness who
very real sense, it is of no concern to the accused what is the believes it to be the handwriting of such person because he has
technical name of the crime of which he stands charged. It in no seen the person write, or has seen writing purporting to be his
way aids him in a defense on the merits. x x x That to which his upon which the witness has acted or been charged, and has thus
attention should be directed, and in which he, above all things acquired knowledge of the handwriting of such person.
else, should be most interested, are the facts alleged. The real
question is not did he commit a crime given in the law some Same; Same; Compromise; In criminal cases, except those
technical and specific name, but did he perform the acts alleged in involving quasi-offenses or criminal negligence or those allowed by
the body of the information in the manner therein set forth. x x x law to be compromised, an offer of compromise by the accused may
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be received in evidence as an implied admission of guilt.—The reality he had worked only 11 days, and then charged the
claim that Batulanon’s letter to the cooperative asking for a offended party, the Calamba Sugar Estate, the wages of the
compromise was not an admission of guilt is untenable. Section laborer for 21 days. The accused misappropriated the wages
27, Rule 130 of the Rules of Court provides that in criminal cases, during which the laborer did not work for which he was convicted
except those involving quasi-offenses or criminal negligence or of falsification of private document.
those allowed by law to be compromised, an offer of compromise
by the accused may be received in evidence as an implied Same; Same; The essence of falsification is the act of making
admission of guilt. untruthful or false statements.—In Criminal Case No. 3627, the
trial court convicted petitioner Batulanon for falsifying Dennis
Same; Same; Words and Phrases; Vouchers are private Batulanon’s signature in the cash voucher based on the
documents and not commercial documents because they are not Information charging her of signing the name of her 3 year old
documents used by merchants or businessmen to promote or son, Dennis. The records, however, reveal that in Cash Voucher
facilitate trade or credit transactions, nor are they defined and No. 374A, petitioner Batulanon did not falsify the signature of
regulated by the Code of Commerce or other commercial law; Dennis. What she did was to sign: “by: lbatulanon” to indicate
Private documents are deeds or instruments executed by a private that she received the proceeds of the loan in behalf of Dennis.
person without the intervention of a public notary or of other Said act does not fall under any of the modes of falsification under
person legally authorized, by which some disposition or agreement Article 171 because there in nothing untruthful about the fact
is proved, evidenced or set forth.—The Court of Appeals correctly that she used the name of Dennis and that as representative of
ruled that the subject vouchers are private documents and not the latter, obtained the proceeds of the loan from PCCI. The
commercial documents because they are not documents used by essence of falsification is the act of making untruthful or false
merchants or businessmen to promote or facilitate trade or credit statements, which is not attendant in this case. As to whether,
transactions nor are they defined and regulated by the Code of such representation involves fraud which caused damage to PCCI
Commerce or other commercial law. Rather, they are private is a different matter which will make her liable for estafa, but not
documents, which have been defined as deeds or instruments for falsification. Hence, it was an error for the courts below to hold
executed by a private person without the intervention of a public that petitioner Batulanon is also guilty of falsification of private
notary or of other person legally authorized, by which some document with respect to Criminal Case No. 3627 involving the
disposition or agreement is proved, evidenced or set forth. cash voucher of Dennis.
38 39
Same; Same; Estafa; There is no complex crime of estafa Same; Same; Elements of Estafa Through Conversion or
through falsification of private document; If the falsification of a Misappropriation.—The elements of estafa through conversion or
private document is committed as a means to commit estafa, the misappropriation under Art. 315 (1) (b) of the Revised Penal Code
proper crime to be charged is falsification; If the estafa can be are: (1) that money, goods or other personal property is received
committed without the necessity of falsifying a document, the by the offender in trust, or on commission, or for administration,
proper crime to be charged is estafa.—As there is no complex or under any other obligation involving the duty to make delivery
crime of estafa through falsification of private document, it is of, or to return, the same; (2) that there be misappropriation or
important to ascertain whether the offender is to be charged with conversion of such money or property by the offender or denial on
falsification of a private document or with estafa. If the his part of such receipt; (3) that such misappropriation or
falsification of a private document is committed as a means to conversion or denial is to the prejudice of another; (4) that there is
commit estafa, the proper crime to be charged is falsification. If a demand made by the offended party on the offender. (Note: The
the estafa can be committed without the necessity of falsifying a 4th element is not necessary when there is evidence of
document, the proper crime to be charged is estafa. Thus, in misappropriation of the goods by the defendant)
People v. Reyes, 56 Phil. 286 (1931), the accused made it appear in
the time book of the Calamba Sugar Estate that a laborer, Ciriaco PETITION for review on certiorari of the decision and
Sario, worked 21 days during the month of July, 1929, when in resolution of the Court of Appeals.
The facts are stated in the opinion of the Court.
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Acharon, Alconera & Associates for petitioner. Omadlao by then and there making an entry therein that the said
The Solicitor General for the People. Erlinda Omadlao was granted a loan of P4,160, Philippine
Currency, and by signing on the appropriate line thereon the
YNARES-SANTIAGO, J.: signature of Erlinda Omadlao showing that she received the loan,
1 thus making it appear that the said Erlinda Omadlao was
This petition assails the October 30, 1998 Decision of the granted a loan and received the amount of P4,160 when in truth
Court of Appeals in CA-G.R. CR No. 15221,2
affirming with and in fact the said person was never granted a loan, never
modification the April 15, 1993 Decision of the Regional received the same, and never signed the cash/check voucher
Trial Court of General Santos City, Branch 22 in Criminal issued in her name, and in furtherance of her criminal intent and
Case Nos. 3453, 3625, 3626 and 3627, convicting Leonila fraudulent design to defraud PCCI said accused did then and
Batulanon of estafa through falsification of3 commercial there release to herself the same and received the loan of P4,160
documents, and the July 29, 1999 Resolution denying the and thereafter misappropriate and convert to her own use and
motion for reconsideration. benefit the said amount, and despite demands, refused and still
refuses to restitute the same, to the damage and prejudice of
_______________ PCCI, in 5 the aforementioned amount of P4,160, Philippine
Currency.”
1 Rollo, pp. 25-40. Penned by Associate Justice Arturo B. Buena and
concurred in by Associate Justices Ramon A. Barcelona and Demetrio G.
Demetria. _______________
2 CA Rollo, pp. 34-41. Penned by Judge Abednego O. Adre. 4 TSN, August 1, 1990, pp. 96-97.
3 Rollo, p. 41. 5 CA Rollo, pp. 16-17.
40 41
and convert to her own use and benefit the said amount, and Criminal Case No. 3627
despite demands, refused and still refuses to restitute the same,
to the damage and prejudice of PCCI, in the aforementioned “That on or about the 7th day of December, 1982 at Poblacion,
amount of P4,000, Philippine Currency. Municipality of Polomolok, Province of South Cotabato,
CONTRARY TO LAW.”
6
Philippines, and within the jurisdiction of the Honorable Court,
the said accused being then the manager-cashier of Polomolok
Criminal Case No. 3453 Credit Cooperative, Inc., (PCCI) entrusted with the duty of
managing the affairs of the cooperative, receiving payments to,
“That on or about the 10th day of October 1982 at Poblacion, and collection of, the same and paying out loans to members,
Municipality of Polomolok, Province of South Cotabato, taking advantage of her position and with intent to prejudice and
Philippines, and within the jurisdiction of the Honorable Court, defraud the cooperative, did then and there willfully, unlawfully
the said accused being then the manager-cashier of Polomolok and feloniously falsify a commercial document, namely: an
Credit Cooperative, Inc., (PCCI), entrusted with the duty of Individual Deposits and Loan Ledger of one Dennis Batulanon
managing the affairs of the cooperative, receiving payments to, with the PCCI by then and there entering on the appropriate
and collection of the same and paying out loans to members, column of the ledger the entry that the said Dennis
taking advantage of her position and with intent to prejudice and
defraud the cooperative, did then and
_______________
42
VOL. 502, SEPTEMBER 15, 2006 43
Batulanon vs. People
42 SUPREME COURT REPORTS ANNOTATED
Batulanon vs. People
Batulanon had a fixed deposit of P2,000.00 with the PCCI and
was granted a loan in the amount of P5,000.00 thus making it
there willfully, unlawfully and feloniously falsify a commercial appear that the said person made fixed deposit on the aforesaid
document, namely: an Individual Deposits and Loan Ledger of one date with, and was granted a loan by the PCCI when in truth and
Ferlyn Arroyo with the PCCI by then and there entering on the in fact Dennis Batulanon never made such a deposit and was
appropriate column of the ledger the entry that the said Ferlyn never granted loan and offer the document was so falsified in the
Arroyo had a fixed deposit of P1,000.00 with the PCCI and was manner set forth, said accused did then and there again falsify
granted a loan in the amount of P3,500.00, thus making it appear the Cash/Check Voucher No. 374 A of PCCI in the name of Dennis
that the said person made a fixed deposit on the aforesaid date Batulanon by signing therein the signature of Dennis Batulanon,
with, and was granted a loan by the PCCI when in truth and in thus making it appear that the said Dennis Batulanon received
fact Ferlyn Arroyo never made such a deposit and was never the loan of P5,000.00 when in truth and in fact said Dennis
granted loan and after the document was so falsified in the Batulanon never received the loan and in furtherance of her
manner set forth, said accused did then and there again falsify criminal intent and fraudulent design to defraud PCCI said
the Cash/Check Voucher of the PCCI in the name of Ferlyn accused did then and there release to herself the same and receive
Arroyo by signing therein the signature of Ferlyn Arroyo, thus the loan of P5,000, and thereafter, did then and there willfully,
making it appear that the said Ferlyn Arroyo received the loan of unlawfully and feloniously misappropriate and convert to her own
P3,500, Philippine Currency, when in truth and in fact said personal use and benefit the said amount, and [despite] demands,
Ferlyn Arroyo never received the loan, and in furtherance of her refused and still refuses to restitute the same to the damage and
criminal intent and fraudulent design to defraud PCCI said prejudice of the PCCI in the aforementioned amount of P5,000,
accused did then and there release to herself the same, and Philippine Currency. 8
received the amount of P3,500, and thereafter, did then and there, CONTRARY TO LAW.”
wilfully, unlawfully and feloniously misappropriate and convert to
her own personal use and benefit the said amount, and despite The cases were raffled to Branch 22 of the Regional Trial
demands, refused and still refuses to restitute the same, to the Court of General Santos City and docketed as Criminal
damage and prejudice of the PCCI in the aforementioned amount Case Nos. 3453, 3625, 3626 and 3627.
of P3,500, Philippine Currency.
7
Batulanon pleaded not guilty to the charges, afterwhich
CONTRARY TO LAW.” a joint trial on the merits ensued.
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45
_______________
44
who was only 3 years old in 1982. He averred20 that
membership in the cooperative is not open to minors.
44 SUPREME COURT REPORTS ANNOTATED Jayoma was the Vice-Chairman of the PCCI Board of
Directors in 1980 before becoming its Chairman in 1982
Batulanon vs. People
until 1983. He testified that the loans made to Oracion,
11 Omadlao, Arroyo and Dennis Batulanon did not pass
1982, Cash Voucher
12
No. 237A for P4,000.00 was released through the cooperative’s Credit Committee and PCCI’s
to Gonafreda
13
Oracion; P3, 500.00 thru Cash Voucher No. Board of Directors for screening purposes. He claimed that
276A was released to Ferlyn Arroyo on October 16, 1982 Oracion’s signature on 21Cash Voucher No. 237A is
and on December 7, 1982, P5,000.00 was released 14
to Batulanon’s handwriting. Jayoma also testified that
Dennis Batulanon thru Cash Voucher No. 374A. among the 22four loans taken, only that in Arroyo’s name
Medallo testified that Omadlao, Oracion, and Dennis was settled.
Batulanon were not eligible to apply for loan because
15
they The defense presented two witnesses, namely, Maria
were not bona fide members of the cooperative. Ferlyn Theresa Medallo who was presented as a hostile witness
Arroyo on the other hand, was a member of the cooperative and Batulanon.
but there was no proof that she applied for a loan with Medallo was subpoenaed by the trial court on behalf of
PCCI in161982. She subsequently withdrew her membership the defense and was asked to bring with her the PCCI
in 1983. Medallo stated that pursuant to the cooperative’s General Journal for the year 1982. After certifying that the
by-laws, only bona fide members 17
who must have a fixed said document reflected all the financial transactions of the
deposit are eligible for loans. cooperative for that year, she was asked to identify the
Medallo categorically stated that she saw Batulanon entries in the Journal with respect to the vouchers in
sign the names of Oracion and Arroyo in their respective question. Medallo was able to identify only Cash Voucher
cash vouchers and made it appear in the records that they 18 No. 237A in the name of Gonafreda Oracion. She failed to
were payees and recipients of the amount stated therein. identify the other vouchers because the Journal had
As to the signature of Omadlao in Cash Voucher No. 30A, missing23pages and she was not the one who prepared the
she declared
19
that the same was actually the handwriting of entries.
appellant. Batulanon denied all the charges against her. She
Gopio, Jr. was a member of PCCI since 1975 and a claimed that she did not sign the vouchers in the names of
member of its board of directors since 1979. He Omadlao, Oracion and Arroyo; that the same were signed
corroborated Medallo’s testimony that Omadlao, Arroyo, by the loan applicants in her presence at the PCCI office
Oracion and Dennis Batulanon are not members of PCCI. 24
after she personally released the money to them; that the
He stated that Oracion is Batulanon’s sister-in-law while three were members of the cooperative as shown by their
Dennis Batulanon is her son individual de-
_______________ _______________
46
of ARRESTO MAYOR to 1 year and 2 months of PRISION
CORRECCIONAL, to indemnify the PCCI in the total sum of
46 SUPREME COURT REPORTS ANNOTATED P16,660.00 with legal interest from the institution of the
complaints until fully paid, plus costs.
Batulanon vs. People 31
SO ORDERED.”
posits and the ledger; that the board of directors passed a The Court of Appeals affirmed with modification the
resolution in August 1982 authorizing her to certify to the decision of the trial court, thus:
correctness of the entries in the vouchers; that it has
become an accepted practice in the cooperative for her to “WHEREFORE, the decision appealed from is MODIFIED.
release loans and dispense with the approval of Gopio Jr., Appellant LEONILA BATULANON is found guilty beyond
25
in case of his absence; that she signed the loan application reasonable doubt of Falsification of Private Documents under Par.
and voucher of her son Dennis Batulanon because he was a 2, Article 172 of the Revised Penal Code; and is hereby sentenced
minor but she clarified that she asked Gopio, Jr., to add his to suffer the indeterminate penalty of six (6) months of arresto
signature on the documents to avoid suspicion of mayor maximum, AS MINIMUM, to four (4) years and two (2)
26
irregularity; that contrary to the testimony of Gopio, Jr., months of prision correccional medium, AS MAXIMUM; to pay a
minors are eligible for membership in the cooperative fine of five thousand (P5,000.00) pesos; and to indemnify the
provided they are children of regular members. Polomolok Cooperative Credit, Inc. the sum of thirteen thousand
Batulanon admitted that she took out a loan in her son’s one hundred sixty (P13,160.00), plus legal interests from the filing
name because she is no longer qualified for another loan as of the complaints until
32
fully paid, plus costs.
she still has to pay off an existing loan; that she had SO ORDERED.”
started paying off her son’s loan but the cooperative
The motion for reconsideration was denied, hence this
refused to accept her payments after the cases were filed in
27 petition.
court. She also declared that one automatically becomes 28 a
Batulanon argues that in any falsification case, the best
member when he deposits money with the cooperative.
witness is the person whose signature was allegedly forged,
When she was Cashier/Manager of PCCI from 1980 to
29 thus the prosecution should have presented Erlinda
1982, the cooperative did not have by-laws yet.
Omadlao, Gonafreda Oracion and Ferlyn Arroyo instead of
On rebuttal, Jayoma belied that PCCI had no by-laws
relying on the testimony33 of an unreliable and biased
from 1980-1982, because the cooperative had been
30 witness such as Medallo. She avers that the crime of
registered since 1967.
falsification of private document requires as an element
On April 15, 1993, the trial court rendered a Decision
prejudice to a third person. She insists that PCCI has not
convicting Batulanon as follows:
been prejudiced by these loan transactions because34
these
“WHEREFORE, premises considered, finding the accused Leonila loans are accounts receivable by the cooperative.
Batulanon guilty beyond reasonable doubt in all the above-
entitled case, she is sentenced in each of the four cases to 4 _______________
months
31 CA Rollo, pp. 40-41.
32 Rollo, p. 39.
_______________
33 Id., at p. 6.
25 Id., at p. 13. 34 Id., at p. 13.
26 Id., at pp. 19-23.
48
27 TSN, March 29, 1988, p. 38.
28 Id., at pp. 30-31.
29 Id., at p. 34. 48 SUPREME COURT REPORTS ANNOTATED
30 TSN, March 28, 1990, p. 69. Batulanon vs. People
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49
the handwriting of Batulanon proved that it was indeed the
latter who signed the name of Arroyo. Contrary to
VOL. 502, SEPTEMBER 15, 2006 49 Batulanon’s contention, the prosecution is not duty-bound
Batulanon vs. People to present the persons whose signatures were forged as
Medallo’s eyewitness account of the incident was sufficient.
Moreover, under Section 22, Rule 132 of the Rules of Court,
the offender committed any of the acts of falsification,
the handwriting of a person may be proved by any witness
except those in paragraph 7, Article 171; (2) that the
who believes it to be the handwriting of such person
falsification was committed in any private document; and
because he has seen the person write, or has seen writing
(3) that the falsification caused damage to a third party or
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44
purporting to be his upon which the witness has acted or necessarily included therein. The prosecution in this case
been charged, and has thus acquired knowledge of the was able to discharge its burden completely.
handwriting of such person.
Her insistence that Medallo is a biased witness is _______________
without basis. There is no evidence showing that Medallo
was prompted by any ill motive. 40 Citing People v. Francisco, C.A., No. 05130-41-CR, August 23, 1966,
The claim that Batulanon’s letter to the cooperative 64 O.G. 537, 541, cited in Luis B. Reyes, The Revised Penal Code, Book II
asking for a compromise was not an admission of guilt is (14th ed., 1998), p. 234. In People v. Francisco, the Court of Appeals ruled
untenable. Section 27, Rule 130 of the Rules of Court that “the cash disbursement vouchers here in question are not negotiable
provides that in criminal cases, except those involving instruments nor are they defined and regulated by the Code of Commerce.
quasi-offenses or criminal negligence or those allowed by They are nothing more than receipts evidencing payment to borrowers of
law to be compromised, an offer of compromise by the the loans extended to them and as such are private documents only.”
accused may be received in evidence as an implied 41 Monteverde v. People, 435 Phil. 906, 921; 387 SCRA 196, 210 (2002),
admission of guilt. citing Luis B. Reyes, The Revised Penal Code, Book II (14th ed., 1998), p.
There is no merit in Batulanon’s assertion that PCCI 236, citing People v. Lizares, C.A., 65 O.G. 7174.
has not been prejudiced because the loan transactions are 42 Luis B. Reyes, The Revised Penal Code, Book II (14th ed., 1998), p.
reflected in its books as accounts receivable. It has been 235, citing People v. Co Beng, C.A., 40 O.G. 1913.
established that PCCI only grants loans to its bona fide 43 U.S. v. Orera, 11 Phil. 596, 597 (1907).
members with no subsisting loan. These alleged borrowers 44 People v. Caingat, 426 Phil. 782, 792; 376 SCRA 387, 396 (2002).
are not members of PCCI and neither are they eligible for a
loan. Of the four accounts, only that in Ferlyn Arroyo’s 52
name was settled because her mother, Erlinda, agreed to
settle the loan to avoid legal prosecution with the
52 SUPREME COURT REPORTS ANNOTATED
understanding however, that she will 39be reimbursed once
the money is collected from Batulanon. Batulanon vs. People
value of 150 sacks of sugar, and by means of said falsified on November 28, 1994 until the finality of this judgment.
documents, succeeded in obtaining the sacks of sugar, was From the time the decision becomes final and executory,
held guilty of falsification of a private document. the interest rate shall be 12% per annum until its
In view of the foregoing, we find that the Court of satisfaction.
Appeals correctly held Batulanon guilty beyond reasonable
doubt of _______________
49 Garcia v. Court of Appeals, G.R. No. 128213, December 13, 2005, 477
_______________
SCRA 427, 435.
45 A. Gregorio, Fundamentals of Criminal Law Review (9th ed., 1997),
54
p. 464, citing Cuello Calon, II, p. 261.
46 56 Phil. 286 (1931).
47 36 Phil. 146 (1917). 54 SUPREME COURT REPORTS ANNOTATED
48 37 Phil. 78 (1917).
Batulanon vs. People
53
However, in Criminal Case No. 3627, the crime committed
VOL. 502, SEPTEMBER 15, 2006 53
by Batulanon is estafa and not falsification. Under Article
171 of the Revised Penal Code, the acts that may constitute
Batulanon vs. People falsification are the following:
Falsification of Private Documents in Criminal Case Nos. 1. Counterfeiting or imitating any handwriting,
3625, 3626 and 3453. signature, or rubric;
Article 172 punishes the crime of Falsification of a 2. Causing it to appear that persons have participated
Private Document with the penalty of prision correccional in any act or proceeding when they did not in fact
in its medium and maximum periods with a duration of two so participate;
(2) years, four (4) months and one (1) day to six (6) years. 3. Attributing to persons who have participated in an
There being no aggravating or mitigating circumstances, act or proceeding statements other than those in
the penalty should be imposed in its medium period, which fact made by them;
is three (3) years, six (6) months and twenty-one (21) days
4. Making untruthful statements in a narration of
to four (4) years, nine (9) months and ten (10) days. Taking
facts;
into consideration the Indeterminate Sentence Law,
Batulanon is entitled to an indeterminate penalty the 5. Altering true dates;
minimum of which must be within the range of arresto 6. Making any alteration or intercalation in a genuine
mayor in its maximum period to prision correccional in its document which changes its meaning;
minimum period, or four (4) months
49
and one (1) day to two 7. Issuing in an authenticated form a document
(2) years and four (4) months. Thus, in Criminal Case purporting to be a copy of an original document
Nos. 3625, 3626 and 3453, the Court of Appeals correctly when no such original exists, or including in such
imposed the penalty of six (6) months of arresto mayor, as copy a statement contrary to, or different from, that
minimum, to four (4) years and two (2) months of prision of the genuine original; or;
correccional, as maximum, which is within the range of the 8. Intercalating any instrument or note relative to the
allowed imposable penalty. issuance thereof in a protocol, registry, or official
Since Batulanon’s conviction was for 3 counts of book.
falsification of private documents, she shall suffer the
aforementioned penalties for each count of the offense In Criminal Case No. 3627, the trial court convicted
charged. She is also ordered to indemnify PCCI the amount petitioner Batulanon for falsifying Dennis Batulanon’s
of P11,660.00 representing the aggregate amount of the 3 signature in the cash voucher based on the Information
loans without deducting the amount of P3,500.00 paid by charging her of signing the name of her 3 year old son,
Ferlyn Arroyo’s mother as the same was settled with the Dennis. The records, however, reveal that in Cash Voucher
understanding that PCCI will reimburse the former once No. 374A, petitioner Batulanon did not falsify the
the money is recovered. The amount shall earn interest at signature of Dennis. What she did was to sign: “by:
the rate of 6% per annum from the filing of the complaints lbatulanon” to indicate that she received the proceeds of
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3/3/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 502 3/3/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 502
the loan in behalf of Dennis. Said act does not fall under 50 While the Information alleged that petitioner Batulanon also
any of the modes of falsification under Article 171 because falsified the “Individual Deposits and Loan Ledger” of Dennis Batulanon,
there in nothing untruthful about the fact that she used she cannot likewise be convicted of falsifying said document as it was not
the name of Dennis and that as representative of the latter, formally offered in evidence.
obtained the proceeds of the loan from PCCI. The essence 51 Reyes, The Revised Penal Code, Vol. II (15th ed., 2001), p. 736.
of falsification is the act of making untruthful or false 52 43 Phil. 186 (1922), cited in Reyes, The Revised Penal Code, Vol. II
statements, which is not attendant in this case. As to (15th ed., 2001), p. 750.
whether, such representation involves fraud which caused
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were retained by the appellant or remained under his personal 53 Id., at pp. 189-191.
control they were of no value to the corporation; he might as well
have kept them in his pocket as to deliver them to his subordinate 58
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SO ORDERED.
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